2021 CLD 428 SUPREME-COURT

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VS Preamble---Constitution of Pakistan, Art. 184(3)---Human rights case---Preservation of mountain ecosystems---Applicants sought issuance of directions to the Federal Government to promulgate appropriate legislation at the national level to provide for all affairs relating to mountain delimitation, mountain development, mountain protection, preservation of mountain ecosystem of the country including but not limited to Margalla Hills in the interest of public at large---Held, that as far as the legislation was concerned, the applicants could take up the matter with the concerned authorities directly who may take appropriate steps in such regard in accordance with law, keeping in view the protection and preservation of mountain areas---Supreme Court observed that the applicants may also brief the office of Attorney General who shall use his office for the purpose of providing the requisite information, know how and data to the concerned agencies with the assistance of the applicants---Application was accordingly disposed of. Citation Name: 2021 CLD 428 SUPREME-COURTBookmark this Case VS Preamble---Constitution of Pakistan, Arts. 18 & 184(3)---Human rights case---Limestone excavation and stone crushing--- Environmental pollution and destruction of landscape---Limestone crushers (applicants), who held valid mining leases, were aggrieved of the orders passed by the Supreme Court by virtue of which crushing operations in the entirety of Margalla Hills had been stopped---Applicants contended that pursuant to the orders passed by the Supreme Court, the Government had taken steps to prevent them from conducting their lawful business despite the fact that they were in possession of valid mining leases; that the prohibition against stone crushing and Iimestone mining was limited to the areas of Margalla Hills National Park and buffer zones/prohibited area around it, whereas the applicants were operating their business beyond said areas; that the applicants had invested heavily at the site and employed a large number of workers with the legitimate expectation that they would continue with their activities till expiry of the term of their leases, and that preventing the applicants from conducting their business was violative of their legal rights---Validity---Impugned order of the Supreme Court was in line with a chain of orders passed by the Court in the interest of environmental protection and to protect Margalla Hills ('the Hills') from indiscriminate misuse by breaking the Hills and converting them into (stone) crush which not only created environmental pollution but also destroyed the landscape and natural beauty of the Hills irreparably and on permanent basis---After due consideration of all the said factors and to preserve and protect a gift of nature that had been bestowed upon the residents of the city, further operation of crushing and mining activities in Margalla Hills were directed to be stopped---No reason was found to recall, alter or modify the said order---Application was dismissed with the directions that unless there was any other legal impediment, the concerned authorities shall under their direct supervision and ensuring that no further damage was done to the area and the Margalla Hills allow removal of the machinery and equipment from the area owned by the applicants.

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